ACC 17 OF 2016 - Republic vs Samson Kipkosgey Songony
Summary: The accused, while on duty, arrested the complainant for violating traffic rules. The complainant alleged that the accused demanded for a 2000 shilling bribe for him to be released. He reported the matter to the EACC, who facilitated recordings to verify the complaint and using treated money laid a trap for the accused. The complainant approached the accused and allegedly handed over the money, prompting an arrest by the EACC officers standing by. The arrest resulted in a scuffle, which led to the EACC officers taking the accused to custody and speeding off from the scene to a nearby petrol station, where they proceeded to demand that the accused produce the bribe money he had received from the acused. The accused in his defence alleged that the money had been planted on him. The Government Chemist report was also tainted with a littany of errors, and was therefore unreliable. Further, only 2 out of the 5 EACC officers confirmed having seen the officer receiving the bribe from the complainant, yet they were all on the scene. These all raised serious doubts on the guilt of the accused, and as such, the accused was acquitted.
First offence date: 14/Oct/2016
Start date: 01/Jan/2016
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 2,000.00
Type of case: Soliciting for a benefit, Receiving a bribe
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Corruptly soliciting for a benefit contrary to Section 39(3)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act.
Not guilty
0.00
Acquittal
Count 2 - Corruptly soliciting for a benefit contrary to Section 39(3)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act.
Not guilty
0.00
Acquittal
Count 3 - Corruptly receiving a benefit contrary to Section 39(3)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal